[2025] FWC 1828
Citation: [2025] FWC 1828
What happened
Jie Liu was dismissed from his role at Commonwealth Bank Australia (CBA) for allegedly making fraudulent transactions on his personal credit card while disputing charges. Mr Liu filed an unfair dismissal application 18 days late. He claims he was experiencing depression, anxiety, and insomnia following his dismissal, impacting his ability to file the application promptly. CBA denies the unfair dismissal claim, stating Mr Liu was dismissed for serious misconduct after a fair investigation.
What was decided
The Fair Work Commission considered whether to grant Mr Liu an extension of time to file his unfair dismissal application, which was lodged 18 days past the statutory deadline. While acknowledging Mr Liu’s medical evidence regarding his mental health, the Commission found his reasons for the delay were not exceptional. The Commission did not find that the delay was sufficiently exceptional to warrant an extension of time, noting the reasons provided did not properly explain the delay. The Commission also found there was no evidence of prejudice to the respondent.
What it means for employers
Employers should ensure they have clear and consistently applied disciplinary procedures, particularly when dealing with serious misconduct allegations. Thorough investigations and clear communication are crucial. This case highlights the importance of documenting reasons for dismissal and maintaining records related to employee conduct.
What it means for employees
Employees facing dismissal should be aware of the strict time limits for lodging unfair dismissal applications. While medical conditions can be considered, it's crucial to seek legal advice promptly and attempt to meet deadlines. The case demonstrates that even with medical evidence, a delay may not automatically result in an extension of time.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1828.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →